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Writ Petition No. 218 of 1983, decided on 1st November, 1983.

‑‑ Ss. 22, 24 & 28.‑Quaid‑i‑Azam University Regulation, Regln. 6 (d)‑Provisional Constitution Order (1 of 1981), Art. 9 Regulation 6 (d), held, infra vires of S. 28 of Quaid‑i‑Azam University Act, 1973‑‑Scope of Regln. 6 (d), discussed.‑[Inter pretation of statutes‑Educational institutions].

It is within the province of the University Regulations to determine whether a student has passed or failed in a course (subject) and should be allowed to continue his studies by being promoted to the next semester and how it will be so determined. The University Regulations in question do provide for such a determination. Regulation 6 (d). is, therefore, intra vires of section 28 of Quaid‑i‑Azam University Act, 1973. The fact that the language of clause (d) of regulation 6 states that the student "shall cease to be a student", the same appears rather inapt. What is only intended to convey is that his progress does not entitle him to continue with his studies further, that he cannot, therefore, be promoted to the next semester and that he is not entitled to his post‑graduate degree of Master of Science, relative to the faculty concerned. There is no stigma attaching to the words "ceases to be a student" as may apply to a person who is rusticated.

‑‑ S. 28‑Quaid‑i‑Azam University Regulations, Reglns. 1 to 6 Provisional Constitution Order (I of 1981), Art. 9‑No conflict in Reglns. I to 6‑Regulations are harmonious and make a composite whole‑Whether student can be allowed to continue his studies in fifth semester as he has few credit hours still left at his disposal which he has not availed and since course permits student to avail of sixty credit hours extending over four semesters, whether he can be permitted to improve his grade point average ‑‑ Scope of Reglns. 1 to 6 stated.‑[Educational institutions].

The fact that the regulations permit, a Master's Degree to be completed by studies extending up to sixty credit hours, it does not imply that the person can break‑up his studies haphazardly to extend them over six to ten semesters. According to the internal rules, he has to take up ten compulsory and eight optional courses (subjects) for his degree and to clear a minimum of four courses (subjects) in each semester. If a student takes up more courses than four in each semester, he does so at his own risk. In the instant case, when the petitioner took up four courses, he made the Grade Point Average, but whenever he took up five courses (.subjects) in a semester, he did not secure the minimum Grade Point Average. A student has ‑to maintain a certain verifiable progress, He has to pass in all the courses (subjects) with at least 50% marks or more. If he fails in a subject or so, he is not likely to maintain his minimum Grade Point Average, unless his marks in the courses (subjects) passed are exceedingly high. He has to maintain their minimum Grade Point Average in every semester and not default in this respect in two consecutive semesters. If he does not, he may have to drop out and the mere fact that he has some credit hours still available, will not entitle him to continue his studies further. There is no conflict in the regulations, they are harmonious and make a composite whole.

‑‑ S. 28‑Quaid‑e‑Azam University Regulations, Regln. 6 (c) (i) (d)‑Provisional Constitution Order (I of 1981), Art. 9‑Interpre tation of Regln. 6 (d)‑Student failing to maintain minimum Grade Point Average of 2.5 in a semester is placed on probation in following semester‑No compulsion provided in regulation that student must carry burden of failed subjects to next semester and pass them‑Student, without prejudice to his obligation has to pass his ten compulsory courses (subjects) under any circumstance-Student failing in any of such courses in any semester has to repeat same in next or any semester following and to complete same unless anyone of said compulsory subjects is not offered at all in next semester or any of semesters following‑Carrying over certain compulsory failed subjects is not violation of regulation 6 (c) (i). [Educational institutions].

‑‑ Art. 9‑Quaid‑e‑Azam University Act (XXVIII of 1973), S. 28 Quaid‑e‑Azam University Regulations, Regln. 6‑Petitioner falling sick on day two class tests of third semester were held‑‑Incharge of courses gave petitioner highest of two marks secured by petitioner in same subjects in earlier two tests‑Petitioner, had, therefore, no grievance‑Internal evaluation of a student on basis of class tests or assignments given is a subjective matter‑No objection taken by petitioner to award of such marks by incharge of courses Petitioner also securing minimum Grade Point Average in two consecutive semesters‑Held, it was too late in the day for petitioner to object to that method after fourth semester examination‑No objection can be taken to such evaluation‑ High Court cannot interfere in internal working of examinations‑Petitioner having secured minimum Grade Point Average in two consecutive semester, held further, was not entitled to continue further with his post graduate studies, and therefore, not entitled to degree in circum stances.‑[Educational institutions].

Mujeebur Rehman for Petitioner.

Gul Zareen Kiani for Respondents.

Dates of hearing : 22nd, 23rd, 24th and 26th October, 1983.

This is a constitutional petition filed by Nadhim K. Ahmad, petitioner, a student of the M. Sc. (Maths.), praying that the Quaid‑e‑Azam. University, Islamabad, and others, respondents, be directed to allow the petitioner to continue his semesters for M. Sc. (Maths.) and to complete his courses and to declare that the order holding the petitioner as having ceased to be a student, is void.

2. The brief facts of the case are that the petitioner was admitted to the University for his Master's Degree in the subject of Mathematics. According to the regulations of the University, framed under section 28 of the Quaid‑e‑Azam University Act, XXVIII of 1973 (previously called the University of Islamabad Act), the M. Sc. (Maths.) course, which is of 60 credit hours, extends over four semesters. The student is required to take up courses (subjects) of not less than twelve credit hours in a semester. The student is evaluated in each course (subject) on the basis of :‑---

(i) Periodical class tests or assignments given by the professors ; and

(ii) terminal examination, which is held by the Controller of Examina tion at the end of each semester.

Each course (subject) is assigned 100 marks, of which 50 per cent is reserved for evaluation Ito be made by class tests held or assignments given by the professors and the remaining 50 per cent on the basis of the written examination held at the end of each semester by the Controller of Examina tions. According to the system prevailing in foreign Universities, the work of each course (subject) is evaluated on the basis of credit hours put in and the marks obtained. The marks which are received by a student are subdivided into three categories, namely, (i) on the basis of Letter Grade, (ii) numerical Grade and (iii) Grade Point Average. At the beginning of each semester, a student has to register in the courses of study on the prescribed registration cards. A student of M. Sc. (Maths.) according to the internal rules of the Mathematics Department has to clear eighteen courses (subjects), out of which ten have to be from the compulsory group and eight from the optional group. He has to also appear in a viva voce, the marks of which are granted on the basis of work done in six courses (subjects). Before each semester, a list of subjects, both compulsory and optional, is put up on the Notice Board, from which a student is expected to take a minimum of four courses; the aim being that he has to clear his eighteen courses (subjects) within sixty credit hours spread over four semesters or more. A student has to attend and complete all the courses (subjects) to the entire satisfaction of the teacher and the Chairman of the Department, particularly by maintaining 50 per cent marks in each course (subject) and a minimum Grade Point Average of 2.5 in each semester. Where a candidate does not secure 50 per cent marks in any course (subject) he is deemed to have failed in that course (subject). Where a student does not secure the minimum 2.5 Grade Point Average, he is placed on probation in the semester following and if he fails to maintain the said minimum Grade Point Average at the end of the said semester, he ceases to be a student of the University.

3. The petitioner selected five compulsory courses (subjects) in the first semester, out of which he failed in courses Nos. 305 and 307. He secured a Grade Point Average of 1.7. He was, therefore, placed on probation in the second semester. In the second semester, he took up two compulsory and two optional courses (subjects) and passed in all, securing a Grade Point Average of 3.0. He was, therefore, promoted to the third semester. In the third semester, he took up one optional and four compulsory courses (subjects). He failed in three and secured a Grade Point Average of 0.9. He was accordingly placed on probation in the 4th semester. 1n the 4th semester, he took up two compulsory and three optional courses (subjects). He passed in all the courses (subjects), bat secured a Grade Point Average of 2.1. Having failed to maintain a Grade Point Average of 2.5 in the 3rd and 4th semesters, he lost his right to continue further studies and thus was treated as having failed and as having ceased to be a student of the University. Annexure 7 to the respondent's written statement, which is a copy of the petitioner's progress report, gives the full picture of the subjects and the marks obtained by the petitioner in each of the courses spread over 57 credit hours in the four semesters.

4. On behalf of the petitioner, only four submissions have been made by his learned counsel; notwithstanding other grounds taken in the writ petition, which have all been given up. First; it is submitted that regulation 6 (d) of the University Regulations is void and ultra vires of section 28 of the Quaid‑e‑Azam University Act, XXVIII of 1973; (hereinafter to be referred to as "the University Act"). In this respect it is submitted that section 28 of the University Act does not permit the University to make a regulation whereby a student can be removed or declared to have ceased to be a student of the University.

It is also submitted that the petitioner having acquired a status and legal character as a student, could not be deprived of the same other than through law. In this connection Hamid Javed v. Dean Faculty of Engineering, W. P. Engineering University (P L D 1964 Lah. 483) Maxwell on Interpretation of Statutes, 11th Edition, page 293 and Earl T. Crawford's Interpretation of Laws, 1940 Edition, pages 334‑335, have been cited. Second, it is submitted that regula tion 6 (d) is in conflict with the other regulations anti has to be so reconciled as to give effect to the provisions of the other regulations. In this connection, it is submitted that since the preamble and regulation 1 of the University's Regulations state that the degree course can extend over four semesters and is of sixty credit hours, the petitioner should have been permitted to take up his studies in the 5th semester to complete the remaining credit hours, so as to make‑up the full sixty, and thus enhance his Grade Point Average. Third, it is submitted that regulation 6 (d) of the University's Regulations, which has been followed, is not attracted and the petitioner's case is not covered by it. 1n this connection, it is submitted that probation does not mean that in the next semester the‑ student must pass the subjects which he has failed earlier and keep on carrying this burden from semester to semester. What is; only intended is that the student should be placed on guard and that he may repeat the courses (subjects) in which he has failed, or offer different subjects, the only condition being that he must secure a minimum Grade Point Average of 2.5 in the semester concerned. Fourth and last, it is submitted that in the third semester the petitioner fell ill in the class test held relating to two courses (subjects) Nos. 303 and 402 and he was not given another class test, with the result that a proper evaluation of his marks could not be made and he could not, therefore, make the Grade Point Average.

5. The above submissions have been controverted on behalf of the respondents by their learned counsel. Since I will be discussing the same hereinafter, I need not repeat the same here.

6. I have given my anxious consideration to this case. As regards the first submission that regulation 6 (d) of the University's Regulations is ultra vires of section 28 of the University Act, the same has no force. The relevant portions of sections 22, 24 and 28 of the University Act, which have application to this case, are reproduced below :‑

22‑(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and the Statutes, exercise general supervision over the affairs and management of the property of the University.

(2) In particular and without prejudice to the generality of the foregoing provision, the Syndicate shall have the power‑

(v) to consider, and deal in the manner prescribed in subsection (2) of section 28 with, the Regulations made by the Academic Council ;

24‑(1) The Academic Council shall be the academic body of the. University and shall, subject to the provisions of this Act and the Statutes, have the power to lay down proper standards of instruc tion, research and examinations and to regulate and promote the academic life of the University and the constituent colleges.

(2) 1n particular and without prejudice to the generality of the foregoing provisions, the Academic Council shall have the powers‑

(b) to regulate the conduct of teaching; research and examination ;

(d) to regulate the conduct and discipline of the students of the University ;

(g) to make Regulations, on the recommendations of the Boards of Faculties and the Boards of Studies prescribing the courses of studies and the syllabi for all University examinations ;

(j) to frame Regulations for submission to the Syndicates ,

28‑(1) Subject to the provisions of this Act and Statutes, Regulations may be made for all or any of the following matters, namely :‑

(a) the general scheme of studies including the duration of courses and the number of subjects or papers for an examination ;

(b) the courses of study for degrees, diplomas and certificates of the University ;

(e) the conditions under which students shall be admitted to the courses and the examinations of the University and shall become eligible for the award of degrees, diplomas and certificates ;

(f) the conduct of examinations ;

(h) the conduct and discipline of students of the University ;

(g) all other matters which are to be or may be prescribed by Regulations.

The regulation of teaching, research and examinations obviously implies and includes the mode and manner a student shall be adjudged as regards how he applies himself to each course (subject), the adaptability, efficiency and progress he shows at each semester and whether his general progress permits him to continue his studies, till he passes, or to drop out. If the conditions under which students can be admitted to courses and the examinations of the University can also be framed and their eligibility for the award of degrees, diplomas and certificates determined, it obviously implies that the circumstances in which a student will be ineligible for the award of the degree, such as, not being entitled to promotion to the next semester, can be determined. All these provisions, therefore, clearly show that it is within the province of the University Regulations to determine whether a student has passed or failed in a course (subject) and should be allowed to continue his studies by being promoted to the next semester and how it will be so determined. The University Regulations in question do provide for such a determination. Regulation 6 (d), is therefore, intra vires of section 28 of the University Act. The fact that the language of clause (d) of regulation 6 states that the student "shall cease to be a student", the same appears rather inapt. What is only intended to convey is that his progress does not entitle him to continue with his studies further, that he cannot, therefore, be promoted to the next semester and that he is not entitled to his post‑graduate degree of Master of Science, relative to the faculty concerned. There is no stigma attaching to the words "ceases to be a student", as may apply to a person who is rusticated. The rulings cited by the learned counsel for the petitioner are distinguishable. This objection, there, has no force.

7. With regard to the second submission, it is submitted that the petitioner should be allowed to continue his studies in the fifth semester as he has a few credit hours still left at his disposal, which he has not availed, and since the course permits a student to avail of sixty credit hours extending over four semesters, he should be permitted to improve his Grade Point Average. Before dealing with this objection, the relevant regulations applicable to the subject, may be reproduced as follows :‑-----

1. (a) The courses of study for M. A., M. Sc., M. B. A., M. P. A. degree shall normally extend over four semesters.

(b) Master's degree will be of 60 credit hours.

(c) A full time student shall be required to take courses of not less than 12 credit hours in a semester.

4. (j) Each course shall be 100 marks of which 50% shall be reserved for the Terminal Examination.

(k) Minimum pass marks in a course shall be 50%.

5. (b) There shall be a written examination for each course at the end of each semester, on the dates to be fixed by the Controllor of Examination in consultation with the Dean/Chairman. Each course shall carry 100 marks of which, 50% marks shall be reserved for class tests/assignments.

6. (a) The minimum pass marks for each course shall be 50%. Candidates securing 80% or more marks shall be placed in Grade A'; 65 to 79% marks in grade B' and 50 to 64 / marks in grade 'C'. Candidates obtaining less than 50% marks in any course shall be deemed to have failed in that course. Failure shall be shown by letter F in the transcript.

(b) A student shall be required to maintain a minimum Grade Point Average of 2.5 in each semester.'

(c) A student failing to maintain a minimum Grade Point Average of 2.5 in any semester shall be placed on probation but allowed ;‑

(i) to repeat all the courses in which he has failed and or such other courses as recommended by the department.

OR

(ii) to repeat on the advice of the department all or some of the courses in which he may have passed during that semester but has failed to maintain a minimum Grade Point Average of 2.5.

(d) A student failing to maintain a minimum of Grade Point Average of 2.5 at the end of the semester during which he was placed on probation shall cease to be a student of the University.

(e) If a student falls ill within two weeks prior to or during the semester terminal examination, he may be given a make‑up examination within two weeks following that particular examination in particular course(s). This concession shall, however be available only to that student who produces a certificate of illness from a registered medical practitioner duly countersigned by the University Medical Officer.

(f) In case of prolonged illness, where the teacher concerned and the Chairman of the Department are satisfied about the genuineness of the case, the student shall be allowed to drop course (s) and shall not be considered as having failed in that those course(s). He/she shall then be allowed to repeat that course(s) when next offered by the Departments.

The fact that the regulations permit a Master's Degree to be completed by studies extending up to sixty credit hours, it does not imply that the person can break up his studies haphazardly to extend them over six to ten semesters. According to the internal rules, he has to take up ten compulsory and eight optional courses (subjects) for his degree and to clear a minimum of four courses (subjects) in each semester. If a student takes up more courses than four in each semester, he does so at his own risk. In the instant case, when the petitioner took up four courses, he made the Grade Point Average, but whenever he took up five courses (subjects) in a semester, he did not secure .the minimum Grade Point Average that as it may, a student has to maintain a certain verifiable progress. He has to pass in all the courses (subjects) with at least 50% marks or morel If he fails in a subject or so, he is not likely to maintain his minimum Grade Point Average, unless his marks in the courses (subjects) passed are exceedingly high. He has to maintain the minimum Grade Point Average in every semester and not default in this respect in two consecutive semesters. If he does not, he may have to drop out and the mere fact that he has some credit hours still available, will not entitle him to continue his studies further. The regulations when read together, do not permit the interpretation which the petitioner desires to place thereon. There is no conflict in the regulations, as alleged. They are harmonious and make a composite whole. This objection is, therefore, rejected.

8. With regard to the third submission, it is clear from regulation 6 (c), that a student failing to maintain a minimum Grade Point Average of 2.5 in a semester is placed on probation in the following semester. There is no compulsion in the said regulation to show that he must carry the burden of the failed subjects to the next semester and pass them. However, this is without prejudice to the obligation of the student to pass his ten compulsory courses (subjects) under any circumstance and, if he should fail in any one of them to any semester, he has to repeat the same in the, next or any semester following and to complete the same, unless any one of the said compulsory subjects is not offered at all in the next semester or any of the semesters following. Other than this interpretation, there is no other interpretation that can be validly given to regulation 6 (d).1 The University has not attempted to compel the petitioner to carry over failed optional courses (subjects) in the next semester. Certain failed courses (subjects) were carried over by the petitioner, but they were the compulsory courses (subjects) and this is not violation of regulation 6 (c) (i). This submission of the learned counsel, is therefore; rejected.

9. With regard to the fourth and last submission made, it is submitted by the learned counsel for the University that the petitioner, who had to appear in the class tests in courses (subjects) Nos. 303 and 402 in the third semester, which tests fell on one day, he fell sick and, therefore, Dr. Qadir, Professor of Mathematics, who was Incharge of the said courses (subjects), gave the petitioner the highest of the two marks secured by the petitioner in the same subjects in the earlier two tests and, therefore, the petitioner has no cause of grievance: The internal evaluation of a student on the basis of class tests or assignments given, is a subjective matter. Since on the date when the petitioner had to appear in these two papers, he was sick, the Professor adopted the next best course, to give to the petitioner marks appropriate to his capacity and ability, as proved in the earlier tests. No objection was taken earlier by the petitioner to this marking. It is too late in the day for the petitioner to object to this method, after the fourth semester examination. No objection can be taken to such an evaluation. This Court cannot interfere in the internal working of examinations. This submission, therefore, is rejected.

10. The upshot of the above discussion is that the petitioner, not having secured the minimum Grade Point Average in two consecutive semesters, is not entitled to continue further with his post‑graduate studies leading to the Degree of M. Sc. (Maths.) and is, therefore, not entitled to the said degree. There being no merit in this petition, the same is dismissed.

11. The parties are left to bear their own costs.

M. Z. M. Petition dismissed.

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